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ARTICLE · 17 NOVEMBER 2023

Product-By-Process: Perception By Indian Patent Law

Lakshmikumaran & Sridharan
Lakshmikumaran & Sridharan
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Lakshmikumaran & Sridharan

Lakshmikumaran & Sridharan

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This article aims to explore the scope of patentability and infringement concerning product-by-process claims with a specific emphasis on the recent two decisions of the Delhi High Court...

IndiaIntellectual Property
Pranjal Dhiman
Pranjal Dhiman
Archana Viswanathan
Archana Viswanathan
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This article aims to explore the scope of patentability and infringement concerning product-by-process claims with a specific emphasis on the recent two decisions of the Delhi High Court, passed by the learned Single Judge and the Division Bench of the Delhi High Court in the case of CS(COMM) 261/2021 and connected matters.

These suits were filed by Vifor against the Defendants i.e., (i) MSN Laboratories Private Limited and (ii) MSN Life Sciences Pvt. Ltd. (collectively referred to as "MSN") in CS(COMM) 261/2021; Dr. Reddy's Laboratories Limited ("DRL") in CS(COMM) 265/2021; and (i) Corona Remedies Private Limited and (ii) Virchow Biotech Private Limited ("CRPL and VBPL") in CS(COMM) 448/2022. The fourth suit was filed by CRPL and VBPL against Vifor in CS(COMM) 450/2022.

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